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(영문) 청주지방법원 영동지원 2014.08.26 2014고합18
공직선거법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall photograph ballot papers in the balloting booth, and no elector shall disclose his/her ballot paper on which he/she puts in.

Nevertheless, at around 09:03 on May 30, 2014, the Defendant took a photograph of the ballot papers posted by the Defendant at the 6th advance polling station for the nationwide election of the Cheongbuk-do Governor, on which the Defendant carried the ballot papers with the Defendant posted at the seat of the Do governor’s election of the Do governor, at the Do-Si/Gu-Si advance polling station in the Do-Si/Gu-si, 834, the Defendant posted them to the Kakao Akao Aud page room on the same day.

Accordingly, the Defendant infringed the confidentiality of voting by photographing ballot papers in the balloting booth and disclosing his voting papers to the public.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to accusation and photographs;

1. Relevant provisions for facts constituting an offense, and Articles 256 (3) 2 (g), 166-2 (1) of the Public Official Election Act (the point of photographing ballot papers, the selection of fines), Articles 241 (1) and 167 (3) of the Public Official Election Act (the point of disclosing ballot papers, the selection of fines);

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes prescribed in the crime of violating the Public Official Election Act due to disclosure of heavy ballot papers);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant committed the crime of this case by photographing his ballot paper on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order and disclosing his ballot paper further. However, the defendant committed the crime of this case by making his mistake open to the public. On the other hand, he appears to have no political intent or purpose to affect the election while making a confession of all the crimes of this case, and the defendant appears to have not been subject to criminal punishment until now, and the defendant is an initial offender who has not been subject to criminal punishment, and other various sentencing conditions specified in the records and arguments, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., shall

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